Legal Opinion

United States v. Rodriguez

Court of Appeals for the Fifth Circuit

Decided February 21, 1994No. 93-07291PublishedCited by 109 opinions

1Opinion of the Court

BARKSDALE, Circuit Judge:

Johnny Rodriguez appeals from his conviction and sentence, with the sentencing issue (the fine imposed) turning on the plain error rule, a rule which seems to receive inconsistent application. Doubtless, this will be righted by the Supreme Court’s recent clarification of the rule in United States v. Olano, — U.S. -, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). We AFFIRM.

I

At a border checkpoint, marijuana was found in a truck. At issue is whether Rodriguez was its driver. Following a jury trial, he was found guilty of possession with intent to distribute 120 kilograms of…

2Cases cited38 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. United States v. FradySupreme Court of the United States · 1982
  3. Singleton v. WulffSupreme Court of the United States · 1976
  4. United States v. AtkinsonSupreme Court of the United States · 1936
  5. United States v. Nelson BellCourt of Appeals for the Fifth Circuit · 1982

33 more not listed; retrieve them via the Exa API.

3Cited by109 opinions

  1. United States v. Mondragon-SantiagoCourt of Appeals for the Fifth Circuit · 2009
  2. United States v. CalverleyCourt of Appeals for the Fifth Circuit · 1994
  3. United States v. Carlos Saro, United States of America v. Cornelio Cabrera-BaezCourt of Appeals for the D.C. Circuit · 1994
  4. United States v. BrantleyCourt of Appeals for the Fifth Circuit · 2008
  5. United States v. George Dean, James Earl Cofer, Kenneth Dewayne Smith, and Kenneth Earl FlowersCourt of Appeals for the Fifth Circuit · 1995

104 more not listed; retrieve them via the Exa API.

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